Liberal activist (Republican) judges

Timothy Kincaid

December 8th, 2011

In today’s political environment, judicial decisions are praised or derided based on outcome not on the quality of argument or the consistency with the constitution. Conservatives of the dittohead variety not only measure a decision by its outcome but then deride the judges who disagree with them as being liberal activist judges legislating from the bench. Republican politicians regularly appeal for votes claiming that they must be elected so more of these liberal activist judges are not appointed.

Well, the Proponents of Proposition 8 were back in court today over the issue of whether Judge Vaughn Walker was not qualified to rule on Proposition 8 because he is gay. Well, actually, they say that because he was in a gay relationship and may have wanted to marry and therefore should have recused himself. This made him a biased liberal activist judge seeking to legislate from the bench. Or, more specifically, a gay Republican liberal activist judge seeking to legislate from the bench.

(One must assume then – to be consistent – that they think that only atheists should judge on freedom of religion cases. But somehow I doubt it.)

Today’s argument is not really about Judge Walker’s decision. That was a different day in front of a different court.

No, today was dedicated to arguing that Judge Ware was a biased liberal activist judge seeking to legislate from the bench. Or, at least, he was when he found that Judge Walker was perfectly capable of judging in Perry v. Schwarzenegger. More specifically, a black Republican liberal activist judge seeking to legislate from the bench.

We submit to you that Judge Ware abused his discretion.

Because, after all, abusing discretion is what those liberal activist judges are all about. Well that didn’t seem to catch much traction with the panel of three judges, including Justice Smith.

But should the Ninth Circuit determine that Judge Ware did not abuse his discretion, you can expect the usual rhetoric. Oh yes, the Ninth is the most liberal of appellate courts and the most often overturned. Because they are liberal activist judges. And should that decision include Justice Randy Smith, then he will be the Mormon Republican liberal activist judge legislating from the bench.

Gosh, maybe those good conservative folk should stop voting for Republicans.

tim

December 8th, 2011

Wingnuts are careful to classify those who pass rulings they disagree with as “activist” judges. Not “liberal activist” or “conservative activist”. It would destroy their messaging.

I would argue that Judge Walker actually released an opinion more in line with true conservative principles (rather dead at the moment) than with true liberal principles.

jpeckjr

December 9th, 2011

I just keep thinking arguing in front of a panel of judges that a ruling should be reversed because of the personal life of the judge who made it must be one of the stupidest courtroom strategies a litigator could employ.

Then again, if it’s the only thing you’ve got, and in this case it is, I guess you have to go with it, huh?

Regan DuCasse

December 9th, 2011

The proponents of 8 seemed to have completely omitted the fact that 8’s defenders had no facts, no credible witnesses, and no evidence to back up their case.
Judge Walker’s written decision WAS a matter of careful examination of what evidence, facts and witnesses were before him.

And there’s even LESS evidence, facts or witnesses to prove that Walker was unqualified, AND that Ware’s decision wasn’t also valid based on even less.

Seriously, how could 8’s defenders figure that ANY court could rule in their favor without the crucial elements in which to HAVE a case, let alone DEFEND it.

One would have to wonder when their CLAIMS are taken for what they are, and no court in the land really has the time and money to be so bothered with such baselessness.

Lightning Baltimore

December 10th, 2011

Regan, you seem to have forgotten that the proponents of Prop 8, by their own claim, did not need to produce evidence. How could Judge Walker possibly rule based on evidence, then? He should’ve both thrown out the case for lack of evidence and recused himself for being a filthy homo.

[sarcasm now complete]

cowboy

December 10th, 2011

You can have a Mormon liberal activist judge or you can have a Mormon Republican activist judge but you can’t have a Mormon Republican Liberal activist judge. Just can’t…because they don’t exist.

I’ll wait until I hear N. Randy Smith’s verdict on the matter before I label him but where did you get the feeling Justice Smith was bending towards favoring Judge Ware’s opinion? Was it something he said?

Timothy Kincaid

December 13th, 2011

cowboy,

ah yes the paradox… but they MUST exist. Because just like Ted Olson became a radical liberal overnight, so will Randy Smith. (as “radical liberal” is defined as “disagrees with Rush Limbaugh on something or other”)

From what I read – at Trial Tracker and in the press – Smith was mocking the Proponents when they argued that Walker should have recused and that Ware abused his discretion for not finding so. I think the line that got the room laughing was when the Cooper argued that a ten year relationship implies a desire to marry and Smith countered that a ten year relationship was a disincentive.

cowboy

December 13th, 2011

oh heck, I thought Limbaugh was becoming a liberal when he had that certain gay person play at his last wedding reception.

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

Today's Agenda Is Brought To You By...

Emphasis Mine

Born On This Day, 1918: Leonard Bernstein

Texas Leads A Five-State Lawsuit Over Obamacare Transgender Rules

Wikileaks Outs Saudi Gay Men, Male Rape Victims, People With HIV

Is Australia's Marriage Equality Plebiscite Doomed?

Today's Agenda Is Brought To You By...

Today In History, 1970: New York Times Looks At "Homosexuals In Revolt"

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.